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What to do if your mortgage lender starts court action

Deal with court forms

Keep letters and forms that you get from the court and the lender together in a file.

The claim form

The claim form N5 has the date, time and place of the hearing.

Your hearing will usually be 1 to 2 months after you get the claim form.

The particulars of claim

Read form N120 carefully.

It has details about your mortgage and the missed payments.

Make a note if you disagree with anything.

The defence form

Use the defence form N11M to tell the court:

  • how you can repay the arrears

  • if you disagree with anything the lender has said

  • your income, benefits, regular spending and priority debts

Use box 27 on the form to tell the court about any events that have led to your mortgage arrears. For example: divorce, separation, redundancy, bereavement, illness or bankruptcy.

A legal adviser or solicitor can help you with the defence form. They can tell you if:

Return the defence form to the court within 2 weeks if you can.

Always attend the hearing even if you have not sent in a defence form or sent it back late.

Last updated: 6 March 2023

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